Weekly Daf #239

Pesachim 23 - 29 Issue #239
17 - 23 Elul 5758 / 7 - 13 September 1998

Whose Blood is Redder

If non-Jews demand of a group of surrounded Jews
that they deliver one of the group for execution or else they
will put the entire group to death, the Jews must all sacri- fice
their lives rather than deliver a single Jew to death. Even if
the non-Jews designate a particular victim and threaten to kill
all of them if he is not delivered, the Jews may do so only if
the designated person is guilty of a capital crime. If, howev-
er, the designated person is not guilty of a death penalty, then
all the members of the group must be ready to give up their lives
rather than deliver him to death. (Such was the case with Sheva
ben Bichri. He was a rebel against King David who sought refuge
from his pursuing forces in the city of Aveil and was slain by
the residents of the besieged city in order to save themselves
from being put to death as conspirators (see Shmuel II chapter
20).

This is the ruling of Rambam (Hilchos Yesodei HaTorah
5:5) based on the view of the Sage Reish Lakish in the Jerusalem
Talmud (Terumos 47a). This ruling is challenged, however, on the
basis of an exchange found in our own gemara: A Jew came before
the Sage Rava and asked him the fol- lowing question: "The
ruler of my town ordered me to kill a fellow Jew, or else this
ruler will kill me. What should I do?" "Allow yourself
to be killed," answered Rava. "Who says your blood is
redder than that of the other Jew? Perhaps his blood is redder
than yours?"

Rashi explains that Rava understood that the question
put to him was based on the knowledge that the commandments can
be put aside in order to save a life, and the assumption was that
this should include even the ban on murder. To this, Rava countered
that a commandment is suspended only for the purpose of preserving
a life, which is so precious to the Creator. But regarding murder,
a life will be lost in any case. One therefore cannot take the
initiative of taking the other person's life on the assumption
that one's own life is more precious.

If this is the only rationale for murder to be prohibited
even for saving a life, it is difficult to see how it applies
to the ruling of Reish Lakish codified as law by Rambam. Since
the desig- nated victim is anyway doomed to die together with
his com- rades if he is not delivered by them, it would seem to
make sense that they should be permitted to sacrifice him in order
to save themselves. The argument of "whose blood is red-
der" seems irrelevant here!

Rabbi Yosef Karo, author of the Shulchan Aruch, writes
in his Kesef Mishneh commentary on Rambam that the rule that murder
is forbidden even for saving a life - or many lives - is something
we know from an oral tradition dating back to Sinai. Our Sages
merely tried to provide a tangible perception of its basic logic
by presenting the "red blood" explanation. They never
intended, however, to limit the ban only to situa- tions where
that criterion applied. Handing over someone to be executed, even
if he is destined to be killed in any case, is still considered
an act of murder and is therefore forbidden, even for the purpose
of saving the life of the entire group.

(Pesachim 25a)

With All Your Might

A Jew faced with the choice between idol worship
and death is required to choose death. The basis is the Torah
command (Devarim 6:5) "love Hashem with all your heart,
all your soul and all your might."

It is understandable why the Torah had to write "all
your soul" to instruct that loyalty to Hashem takes precedence
over life. It is difficult, however, to understand why it was
also necessary to stress the need to sacrifice "all your
might," which means all your possessions, to maintain that
loyalty. If life itself must be sacrificed, is it not obvious
that one must sacrifice his money as well?

To this Rabbi Eliezer replies that there are some
people for whom their money is more precious than their lives,
and they too are instructed to sacrifice what is most precious
to them in order to remain faithful.

The above cited passage appears in the first chapter
of the Shema we recite each morning and evening. In the second
chapter we recite we are again instructed in regard to loving
and serving Hashem, but this time only "all your heart and
all your soul" are mentioned (Devarim 11:13). There is no
men- tion of "all your might." Why is the concept of
sacrificing money for faithfulness deleted in this chapter?

Ohr Hachayim points out that the first chapter of
Shema appears in the singular form while the second chapter appears
in the plural. Amongst individuals, explains the Ohr Hachayim,
it is possible to find some with such an exaggerat- ed love of
money that they must be reminded to sacrifice even that for their
faith. But when the Torah addresses a community, it is inconceivable
that any society should be so perverted in its priority of values.
Once they have been told to sacrifice their lives, they will arrive
at the natural conclusion that their possessions are also expendable.

Maharsha (Mesechta Berachos 35b) offers a different
approach, based on the view of Rabbi Shimon bar Yochai, that a
person who dedicates himself totally to the study of Torah need
not be concerned about earning a livelihood, for his needs will
be provided by Heaven. The passage (Devarim 11:14) about "gathering
in your grain" which implies the need for human effort is
interpreted by him as applying to situations in which Jews are
not fulfilling the will of Hashem and there- fore not deserving
of such Divine assistance. But how can we limit this to when they
are not behaving righteously, when that chapter begins with the
words "And it shall be if you hearken to My commands?"

The answer, as already partially suggested by Tosefos,
is that the first part of the chapter relates to Jews who indeed
obey the Divine commands, but who are not completely righteous
and therefore forfeit extraordinary Heavenly assis- tance. This
characterization, points out Maharsha, is evident from the deletion
of "all your might" in that chapter. Jews who love and
worship Hashem with all their hearts and souls but fail to do
so with all their money are condemned, measure for measure, to
earn their livelihood through their own efforts.

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